The defendant shall be innocent.

1. On April 28, 2005, around 18:36 on April 28, 2005, the Defendant, an employee of the Defendant, loaded and operated freight of more than 12.27 tons from the 12.27 tons of the limited cattle to the 361.5 kilometer at the shop of the Seoul East-gu Office located at the lower end point of the mid-west Highway, Seoul Metropolitan Office, which violated the road management authority’s restriction on vehicle operation.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005). The Constitutional Court held in Article 86 of the above Act that "if an employee of a corporation commits a violation under Article 83(1)2 with respect to the corporation's business, the corporation shall be punished by a fine under Article 83(1)2 of the above Act," that "the above provision of the Act, which is a applicable provision of the above facts charged, shall be retroactively invalidated."

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.